FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Stephen J. Link,
Complainants
against Docket #FIC 1998-183
Chairperson, State of Connecticut,
Department of Environmental Protection,
Human Resources Division; and State of
Connecticut, Department of Environmental
Protection, Human Resources Division,
Respondents January 27, 1999


        The above-captioned matter was heard as a contested case on November 17, 1998, 1997, at which time the complainant and the respondent appeared, and presented testimony, exhibits and argument on the complaint.

        After consideration of the entire record, the following facts are found and conclusions of law are reached:

        1. The respondent is a public agency within the meaning of 1-18a(1), G.S.

        2.  It is found that by letter dated June 1, 1998, the complainant made a Freedom of Information request for:

a.  a copy of the job description for Family Relations Officers, specifically the job description applicable to the obligations and responsibilities of a family relations officer named Mary dePaola;

b.  a copy of the handbook or manual (or compendium of documents, known by any other name) which relates to the policies, procedures, and practices for family relations officers employed by the state of Connecticut;

c.  and a copy of the administrative procedures regarding custody evaluations by family relations officers employed by the state of Connecticut.

        3.  It is found that the respondent responded to the complainant’s request and provided the following:

a.  Code of Ethics and Standards for Professional Conduct - Family Relations Service Unit;

b.  Appendix V - Family Relations Counselor II;

c.  and Program Description - Family-Focused Custody/Visitation Evaluation Procedures.

        4. By letter dated June 23, 1998, and received by this Commission on June 29, 1998, the complainant filed a complaint against the respondent alleging that there were some 10 to 11 binders containing records responsive to his request and that he would consider his request denied by the respondent if no additional information was forthcoming.

        5. Section 1-19(a), G.S., provides in relevant part that:

[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours.

        6. Section 1-15(a), G.S., provides in relevant part that:

[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.

        7.  If is found that, to the extent that such records exist, the records more fully described in paragraph 2, above, are public records within the meaning of 1-18a(5), G.S.

        8.  At the hearing on this matter, the respondent testified that it provided all the information it maintained that was responsive to the complainant’s request, and that the binders described in paragraph 4, above, do not exist.

        9.  It is found that the complainant provided no evidence that the respondent maintains any records, other than those provided, responsive to his request.

        10.  It is therefore found that the respondent provided the complainant with all of the records it maintains responsive to the complainant’s request.

        11.  It is therefore concluded that the respondent did not violate 1-19(a) or 1-15(a), G.S.

        The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

1. The complaint is hereby dismissed.

 

 

        Approved by Order of the Freedom of Information Commission at its regular meeting of January 27, 1999.

 

 

_________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

 

 

 

 

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

 

Stephen J. Link

Christmas Steps

PO Box 316

Monroe, CT 06468

 

Family Relations Officer,

New Haven Superior Court

c/o Atty. Martin R. Libbin and

Atty. Nancy A. Porter

Superior Court Operations

Legal Services

100 Washington Street

PO Box 150474

Hartford, CT 06115-0474

 

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

FIC1998-183FD/mrb01291999